Scottish Court of Session Decisions

Subject_1Process
Subject_2Proof
Subject_3Commission
Subject_4Evidence (Scotland) Act 1866 (29 and 30 Vict. c. 112), sec. 2.
Facts:

The B. L. Coy. charged A B on a bill for £70 bearing to be drawn by him and C D on E F, and endorsed by them to the company. A B suspended, on the ground that his signature on the bill was a forgery, not having been written by him or by his authority. E F was in custody at Inverness on a charge of having forged the signature. A proof

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being necessary, the B. L. Coy. moved to have it taken on commission at Inverness, instead of before the Lord Ordinary, on the ground that the saving of expense, the amount at stake being trifling, and the company having no security for recovering their expenses if successful, as the note had been passed without caution, amounted to such “special cause” as required to be shown under sec. 2 of the Evidence (Scotland) Act 1866. The motion was opposed mainly on the ground that this was especially a case where it was desirable for the Judge (who should moreover be one of experience) to see and hear the witnesses (of whom E F was an essential one) examined. The Lord Ordinary (Adam) having refused the motion, on a reclaiming note, the Court unanimously adhered, reserving expenses.